(PATENT)
`
`I hereby certify that this paper (along with any paper referred to as being attached
`or enctosed) is being transmitted via the Office elec
`nic filing system
`accordance with § 1.6(a)(4).
`,
`3’
`29
`5% ,2 ;'
`
`i
`:
`2’? ‘T
`<
`J
`K’ .f’iié»’€«”
`Dated: February 9, 2009
`
`ya
`,
`,1
`
`
`
`Signature:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent Application of: Michael Tasler
`
`Group No.: 2184
`
`Serial No.:
`
`11/928,283
`
`Conf. No.: 7132
`
`Filed:
`
`August 24, 2006
`
`Examiner: C.K. Lee
`
`For:
`
`ANALOG DATA GENERATING AND
`PROCESSING DEVICE FOR USE WITH
`A PERSONAL COMPUTER
`
`Attorney
`Docket No.:
`
`31436/43995
`
`PRELIMINARY AMENDMENT
`
`MS Amendment
`
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`INTRODUCTORY COMMENTS
`
`Please enter this preliminary amendment prior to the examination of the aboVe—captioned
`
`application.
`
`Amendments to the Claims are reflected in the listing of claims which begins on page 2
`
`of this paper.
`
`Remarks/Arguments begin on page 12 of this paper.
`
`1
`
`Apple 1068
`1
`US. Pat. 8,504,746
`
`1
`
`Apple 1068
`U.S. Pat. 8,504,746
`
`
`
`I hereby certify that this paper (along with any paper referred to as being attached
`or enctosed) is being transmitted via the Office elec
`nic filing system
`accordance with § 1.6(a)(4).
`,
`3’
`29
`5% ,2 ;'
`
`i
`:
`2’? ‘T
`<
`J
`K’ .f’iié»’€«”
`Dated: February 9, 2009
`
`ya
`,
`,1
`
`
`
`Signature:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent Application of: Michael Tasler
`
`Group No.: 2184
`
`Serial No.:
`
`11/928,283
`
`Conf. No.: 7132
`
`Filed:
`
`August 24, 2006
`
`Examiner: C.K. Lee
`
`For:
`
`ANALOG DATA GENERATING AND
`PROCESSING DEVICE FOR USE WITH
`A PERSONAL COMPUTER
`
`Attorney
`Docket No.:
`
`31436/43995
`
`PRELIMINARY AMENDMENT
`
`MS Amendment
`
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`INTRODUCTORY COMMENTS
`
`Please enter this preliminary amendment prior to the examination of the aboVe—captioned
`
`application.
`
`Amendments to the Claims are reflected in the listing of claims which begins on page 2
`
`of this paper.
`
`Remarks/Arguments begin on page 12 of this paper.
`
`1
`
`Apple 1068
`1
`US. Pat. 8,504,746
`
`1
`
`Apple 1068
`U.S. Pat. 8,504,746
`
`
`
`Application No. l 1/928,283
`Preliminary Amendment
`February 9, 2009
`
`WE CLAIM:
`
`AMENDMENTS TO THE CLAIMS
`
`Docket No.: 31436/43995
`
`Please cancel claim 1 and add new claims 2-68 as noted hereinafter:
`
`l .
`
`2.
`
`(cancelled).
`
`(new) An analog data generating and processing device (ADGPD) for use with a
`
`personal computer (PC) having a multi-purpose interface (MP1) and at least one software driver,
`
`the ADGPD comprising:
`
`an i/o port designed to be operatively coupled to an MP1 of a PC;
`
`a program memory;
`
`a data storage memory;
`
`an ADGPD processor operatively coupled to the i/o port, the program memory
`
`and the data storage memory; and
`
`wherein the ADGPD processor is adapted to be involved in a data generation
`
`process by which at least one file of digitized analog data is stored in the data storage memory
`
`and to be involved in an automatic recognition process in which, after the i/o port has been
`
`operatively coupled to the MP1 of the PC, the ADGPD processor executes at least one instruction
`
`set stored in the program memory and thereby causes at least one parameter regarding the
`
`ADGPD’s ability to transfer files of digital data in response to commands issued from the at least
`
`one software driver to be automatically sent through the i/o port and to the MP1 of the PC
`
`without any type of user intervention at any time by means of the PC.
`
`3.
`
`(new) The ADGPD of claim 2, wherein the at least one parameter is consistent
`
`
`
`Application No. 1 l/928,283
`Preliminary Amendment
`February 9, 2009
`
`with the ADGPD being a mass storage device.
`
`4.
`
`(new) The ADGPD of claim 3,
`
`Docket No.: 31436/43995
`
`wherein the ADGPD processor and the program memory are configured to cause,
`
`after the at least one parameter has been sent to the i/o port, file allocation table information to be
`
`sent to the i/o port,
`
`wherein the ADGPD processor and the program memory are configured to cause
`
`a virtual boot sequence to be sent to the i/o port which includes at least information that is
`
`representative of a number of sectors of a storage disk, and
`
`wherein the file allocation table information includes at least a start location of a
`
`file allocation table.
`
`5.
`
`(new) The ADGPD of claim 4, wherein the at least one parameter is consistent
`
`with the ADGPD being adapted to operate in a manner consistent with a hard disk drive.
`
`6.
`
`(new) The ADGPD of claim 2, wherein the ADGPD processor is formed in a
`
`single chip.
`
`7.
`
`(new) The ADGPD of claim 2, wherein the ADGPD processor includes a single
`
`central processing unit.
`
`8.
`
`(new) The ADGPD of claim 2, wherein the ADGPD processor comprises a single
`
`microprocessor.
`
`9.
`
`(new) The ADGPD of claim 2, wherein the ADGPD processor comprises a single
`
`digital signal processor.
`
`10.
`
`(new) The ADGPD of claim 2, wherein the program memory is formed in a
`
`
`
`Application No. 11/928,283
`Preliminary Amendment
`February 9, 2009
`
`single chip.
`
`Docket No.: 31436/43995
`
`11.
`
`(new) The ADGPD of claim 2, wherein the program memory comprises a single
`
`memory device.
`
`12.
`
`(new) The ADGPD of claim 2, wherein the data storage memory comprises a
`
`single memory device.
`
`13.
`
`(new) The ADGPD of claim 2, wherein the at least one parameter is consistent
`
`with the ADGPD being responsive to a SCSI command set.
`
`14.
`
`(new) The ADGPD of claim 2, wherein the at least one parameter is not
`
`consistent with the true nature of the ADGPD.
`
`15.
`
`(new) The ADGPD of claim 2, wherein the at least one parameter does not
`
`indicate that the ADGPD processor is involved in the data generation process.
`
`16.
`
`(new) The ADGPD of claim 2, wherein the at least one parameter is consistent
`
`with the ADGPD being an input/output device customary in a host device.
`
`17.
`
`(new) The ADGPD of claim 16, wherein the at least one parameter is consistent
`
`with the ADGPD being a hard disk drive.
`
`18.
`
`(new) The ADGPD of claim 2, wherein the ADGPD comprises at least a portion
`
`of a medical device.
`
`19.
`
`(new) The ADGPD of claim 2, wherein the ADGPD comprises at least a portion
`
`of a data acquisition system.
`
`20.
`
`(new) The ADGPD of claim 2, wherein the i/0 port comprises a parallel port.
`
`21.
`
`(new) The ADGPD of claim 2, wherein the i/o port comprises a SCSI connector.
`
`
`
`Application No. 1 l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 3 l 436/43995
`
`22.
`
`(new) The ADGPD of claim 2, wherein the i/o port is designed to be operatively
`
`coupled to a cable.
`
`23.
`
`(new) The ADGPD of claim 2, wherein the data storage memory comprises a
`
`semiconductor based memory.
`
`24.
`
`(new) The ADGPD of claim 2, wherein the ADGPD includes a flexible interface.
`
`25.
`
`(new) The ADGPD of claim 2, wherein the ADGPD includes a universal
`
`interface.
`
`26.
`
`(new) The ADGPD of claim 2, wherein the ADGPD includes a stand—alone
`
`interface device.
`
`27.
`
`(new) The ADGPD of claim 2, wherein the ADGPD processor and the program
`
`memory are configured to be involved with the automatic recognition process as a response to a
`
`SCSI inquiry command.
`
`28.
`
`(new) The ADGPD of claim 2, wherein the ADGPD processor is adapted to
`
`execute the at least one instruction set to thereby directly cause the at least one parameter
`
`regarding the ADGPD to be automatically sent to the PC.
`
`29.
`
`(new) A combination comprising the ADGPD of claim 2 and a PC.
`
`30.
`
`(new) An analog data generating and processing device (ADGPD) for use with a
`
`personal computer (PC) having a multi-purpose interface (MP1) and at least one software driver,
`
`the ADGPD comprising:
`
`an i/o port designed to be operatively coupled to an MP1 of a PC;
`
`a program memory;
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`a data storage memory; and
`
`ADGPD processor means, operatively coupled to the i/o port, the program
`
`memory and the data storage memory, for both being involved in a data generation process by
`
`which at least one file of digitized analog data is stored in the data storage memory and for being
`
`involved in an automatic recognition process in which, after the i/o port has been operatively
`
`coupled to the MP1 of the PC, at least one instruction set stored in the program memory is
`
`executed to thereby cause at least one parameter regarding the ADGPD’s ability to transfer files
`
`of digital data in response to commands issued from the at least one software driver to be
`
`automatically sent through the i/o port and to the MP1 of the PC without any type of user
`
`intervention at any time by means of the PC.
`
`31.
`
`(new) The ADGPD of claim 30, wherein the at least one parameter is consistent
`
`with the ADGPD being a mass storage device.
`
`32.
`
`(new) The ADGPD of claim 31,
`
`wherein the ADGPD processor and the program memory are configured to cause,
`
`after the at least one parameter has been sent to the i/o port, file allocation table information to be
`
`sent to the i/o port,
`
`wherein the ADGPD processor and the program memory are configured to cause
`
`a virtual boot sequence to be sent to the i/o port which includes at least information that is
`
`representative of a number of sectors of a storage disk, and
`
`wherein the file allocation table information includes at least a start location of a
`
`file allocation table.
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 3 l436/43995
`
`33.
`
`(new) The ADGPD of claim 32, wherein the at least one parameter is consistent
`
`with the ADGPD being adapted to operate in a manner consistent with a hard disk drive.
`
`34.
`
`(new) The ADGPD of claim 30, wherein the ADGPD processor comprises a
`
`single microprocessor.
`
`35.
`
`(new) The ADGPD of claim 30, wherein the program memory comprises a single
`
`memory device.
`
`36.
`
`(new) The ADGPD of claim 30, wherein the at least one parameter does not
`
`indicate that the ADGPD processor is involved in the data generation process.
`
`37.
`
`(new) The ADGPD of claim 30, wherein the at least one parameter is consistent
`
`with the ADGPD being an input/output device customary in a host device.
`
`38.
`
`(new) The ADGPD of claim 37, wherein the at least one parameter is consistent
`
`with the ADGPD being a hard disk drive.
`
`39.
`
`(new) The ADGPD of claim 30, wherein the ADGPD comprises at least a
`
`portion of a medical device.
`
`40.
`
`(new) The ADGPD of claim 30, wherein the ADGPD comprises at least a portion
`
`of a data acquisition system.
`
`41.
`
`(new) The ADGPD of claim 30, wherein the i/0 port comprises a parallel port.
`
`42.
`
`(new) The ADGPD of claim 30, wherein the i/o port comprises a SCSI
`
`connector.
`
`43.
`
`(new) The ADGPD of claim 30, wherein the i/o port is designed to be operatively
`
`coupled to a cable.
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`44.
`
`(new) The ADGPD of claim 30, wherein the data storage memory comprises a
`
`semiconductor based memory.
`
`45.
`
`(new) The ADGPD of claim 30, wherein the ADGPD includes a flexible
`
`interface.
`
`46.
`
`(new) The ADGPD of claim 30, wherein the ADGPD includes a universal
`
`interface.
`
`47.
`
`(new) The ADGPD of claim 30, wherein the ADGPD includes a stand—alone
`
`interface device.
`
`48.
`
`(new) The ADGPD of claim 30, wherein the ADGPD processor means and the
`
`program memory are configured to be involved with the automatic recognition process as a
`
`response to a SCSI inquiry command.
`
`49.
`
`(new) A combination comprising the ADGPD of claim 30 and a PC.
`
`50.
`
`(new) An analog data generating and processing device (ADGPD) for use with a
`
`personal computer (PC) having a multi—purpose interface (MP1) and at least one software driver,
`
`the ADGPD comprising:
`
`an i/o port designed to be operatively coupled to an MP1 of a PC;
`
`a memory; and
`
`an ADGPD processor operatively coupled to the i/o port and the memory, the
`
`ADGPD processor being adapted (a) to be involved in a process by which at least one file of
`
`digitized analog data is generated and then stored in the memory and (b) to, after the i/o port has
`
`been operatively coupled to the MP1 of the PC, execute at least one instruction set stored in the
`
`
`
`Application No. l 1/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`memory and thereby cause at least one parameter regarding the ADGPD’s ability to transfer files
`
`of digital data in response to commands issued from the at least one software driver to be
`
`automatically sent through the i/o port and to the MP1 of the PC without any type of user
`
`intervention at any time by means of the PC.
`
`51.
`
`(new) The ADGPD of claim 50, wherein the at least one parameter is consistent
`
`with the ADGPD being a mass storage device.
`
`52.
`
`(new) The ADGPD of claim 51,
`
`wherein the ADGPD processor and the memory are configured to cause, after the
`
`at least one parameter has been sent to the i/o port, file allocation table information to be sent to
`
`the i/o port,
`
`wherein the ADGPD processor and the memory are configured to cause a virtual
`
`boot sequence to be sent to the i/o port which includes at least information that is representative
`
`of a number of sectors of a storage disk, and
`
`wherein the file allocation table information includes at least a start location of a
`
`file allocation table.
`
`53.
`
`(new) The ADGPD of claim 52, wherein the at least one parameter is consistent
`
`with the ADGPD being adapted to operate in a manner consistent with a hard disk drive.
`
`54.
`
`(new) The ADGPD of claim 50, wherein the ADGPD processor comprises a
`
`single microprocessor.
`
`55.
`
`(new) The ADGPD of claim 50, wherein the at least one parameter does not
`
`indicate that the ADGPD processor is involved in the process by which at least one file of
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`digitized analog data is generated and stored in the memory.
`
`56.
`
`(new) The ADGPD of claim 50, wherein the at least one parameter is consistent
`
`with the ADGPD being an input/output device customary in a host device.
`
`57.
`
`(new) The ADGPD of claim 56, wherein the at least one parameter is consistent
`
`with the ADGPD being a hard disk drive.
`
`58.
`
`(new) The ADGPD of claim 50, wherein the ADGPD comprises at least a
`
`portion of a medical device.
`
`59.
`
`(new) The ADGPD of claim 50, wherein the ADGPD comprises at least a portion
`
`of a data acquisition system.
`
`60.
`
`(new) The ADGPD of claim 50, wherein the i/0 port comprises a parallel port.
`
`61.
`
`(new) The ADGPD of claim 50, wherein the i/o port comprises a SCSI
`
`connector.
`
`62.
`
`(new) The ADGPD of claim 50, wherein the i/0 port is designed to be operatively
`
`coupled to a cable.
`
`63.
`
`(new) The ADGPD of claim 50, wherein the memory comprises a
`
`semiconductor based memory.
`
`64.
`
`(new) The ADGPD of claim 50, wherein the ADGPD includes a flexible
`
`interface.
`
`65.
`
`(new) The ADGPD of claim 50, wherein the ADGPD includes a universal
`
`interface.
`
`66.
`
`(new) The ADGPD of claim 50, wherein the ADGPD includes a stand-alone
`
`l0
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`interface device.
`
`Docket No; 31436/43995
`
`67.
`
`(new) The ADGPD of claim 50, wherein the ADGPD processor and the program
`
`memory are configured to execute the at least one instruction set as a response to a SCSI inquiry
`
`command.
`
`68.
`
`(new) A combination comprising the ADGPD of claim 50 and a PC.
`
`11
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`REMARKS
`
`Please enter this preliminary amendment prior to the examination of the above—referenced
`
`application. Claim 1 has been cancelled, and new claims 2-68 have been inserted in its place.
`
`When considering the patentability of the new claims, the Examiner is respectfully
`
`requested to consider only the remarks and amendments made in this Preliminary Amendment as
`
`well as the remarks made at the February 4”’ personal interview or in any interview that takes
`
`place after this document is filed. Please disregard everything else. The Examiner also is
`
`respectfully requested to review all of the references of record when considering the
`
`patentability of the new claims.
`
`All of the claims recited herein claim a multi-use automatic processor that is involved in
`
`a process by which at least one file of digitized analog data is generated and then stored in a
`
`memory. The multi~use automatic processor also is adapted to, after the i/o port has been
`
`operatively coupled to the MP1 of the PC, execute program steps to thereby cause at least one
`
`parameter regarding the ADGPD to be automatically sent to the MP1 of the PC without any user
`
`intervention at any time by means of the PC. When the at least one parameter is received and
`
`processed by the PC, the PC selects, for file transfer purposes, at least one software driver
`
`already present in the PC when it was initially purchased by an end user from a commercial PC
`
`seller or PC manufacturer. One advantage of the invention is that, for example, a PCS file
`
`manager routine can be used to transfer files of digitized analog data from the memory of the
`
`ADGPD to the PC without requiring an end user to, for example, load software onto the PC at
`
`any time.
`
`l2
`
`
`
`Application No. 11/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`Exemplary structure that corresponds to the multi-use automatic processor feature of the
`
`new claims is shown, for example, in Figure 2 of the instant application as DSP 1300. The new
`
`claims cover but are not limited to this structure. The new claims also cover, for example, an
`
`“ADGPD processor” that is formed by a cluster of two or more single processors that are formed
`
`in the same or physically separate chips, with each processor being formed by a digital signal
`
`processor or any other type of microprocessor, and with each processor having a single CPU and
`
`a single program memory.
`
`The Hashimoto patent does not teach or suggest the multi—use automatic processor claim
`
`feature for a number of different reasons. While the new claims require the execution of
`
`program steps by an “on-board” processor to cause a signal to be sent before the PC is
`
`immediately ready to transfer files, it is impossible for the Hashimoto camera to send such a
`
`signal because the signal level conversion box prevents this until the PC indicates that it is
`
`immediately ready for file transfer by sending the DTR signal to the camera (see col. 12, line 47
`
`— col. 13, line 14). Moreover, and in direct contrast to the new claims, Hashimoto’s camera
`
`requires user-loaded software because the patent states that the camera is automatically
`
`controlled by means of white balance, zoom and other technically complex information (see col.
`
`7, lines 51-62). For these reasons alone, the new claims should be found to be patentable over
`
`Hashimoto by itself.
`
`Like Hashimoto, the Smith patent also does not teach or suggest the multi-use automatic
`
`processor feature of the new claims that, for example, does not require user-loaded software to
`
`transfer files of digitized analog data from the ADGPD to the PC. While Figure 2 of Smith
`
`13
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`makes a reference to “load device drivers,” there is no direct indication in Smith as to the origin
`
`of the drivers. The PNP specification incorporated by reference into Smith indicates that the
`
`drivers are user—loaded by stating in its abstract that a “user interface” is required for the
`
`“installation of device drivers.” Such user-loaded software is the antithesis of the multi-use
`
`automatic processor feature of the new claims.
`
`Like Hashimoto and Smith, the Kerigan patent also does not teach or suggest the multi-
`
`use automatic processor feature of the new claims. One of the references of record is an article
`
`dated April 15, l996 entitled “Photograph Goes From The Dark Room To The Desktop.” This
`
`article describes the Canon Powershot 600 camera as having Plug and Play support, as being
`
`compatible with Microsoft Windows 95, and requiring user—loaded software such as a Twain
`
`driver. At col. 4, lines 5-1 1 , the Smith patent characterizes the Windows 95 operating system
`
`with which the Canon Powershot 600 camera can be used as “employing PNP technology” to
`
`“support the PNP standard.” This information leads to the conclusion that the Kerigan camera
`
`also must require the use of user—loaded software, which is the antithesis of the multi-use
`
`automatic processor feature of the new claims.
`
`Like Hashimoto, Smith and Kerigan, the Shinohara patent also does not disclose, teach or
`
`suggest the multi-use automatic processor feature of the new claims that requires, inter alia, the
`
`execution of at least one instruction set to cause a signal to be sent to the MP1 of a PC. In
`
`contrast to this subject matter, Shinohara discloses a memory card that responds to simple read
`
`and write commands sent to it from a PCS card services program. Unlike the claimed invention,
`
`Shinohara involves no “on—board” processing. For this reason, for example, the new claims
`
`14
`
`
`
`Application No. 1 l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 3 l436/43995
`
`should be found to be patentable over a purported combination of Hashimoto, Smith, Kerigan
`
`and Shinohara.
`
`It is respectfully submitted that any purported combination of the references of record
`
`does not teach or suggest at least the muZti—use automatic processor claim feature of the new
`
`claims for a number of different reasons. As such, the new claims should be found to be
`
`patentable and, therefore, in condition for allowance. A formal notice to that effect is earnestly
`
`solicited.
`
`Dated: February 9, 2009
`
`Respectfully sgibmitted,
`.
`:
`
`/if
`
`
`.c
`glmon
`X
`Regi/’istriatioiiIi’iNo.: 37,435
`MARSHALL, GERSTEIN & BORUN LLP
`
`233 S. Wacker Drive, Suite 6300
`Sears Tower
`
`Chicago, Illinois 60606-6357
`Telephone (312) 423-3450
`Facsimile (312) 474-0448
`E—mail jsalmon@marshallip.com
`Attorney for Applicant
`
`15
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
